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Smith & Messina, LLP

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Could Separation Provide The Solution You Seek?

For couples who are feuding but not ready to divorce, pursuing a legal separation may offer an acceptable solution to a complex family law problem. Separated couples are allowed to live apart and legally address the same issues they’d face in a divorce, such as child custody, child support, and property division.

At Smith and Messina, LLP, our attorneys can help you determine if this is an approach that you should consider. Since 2004, families throughout western New York have turned to us during their time of need. We are here to help you protect your emotional and financial well-being as you strive to resolve your personal family conflict.

If you are considering separating from your spouse and do not wish to complete the entire divorce process, you may wish to get in touch with our firm, Smith and Messina, LLP. As a family law firm, we are fully prepared to investigate all details of your family dynamics and help draft the best possible separation agreement for you and your family. With our extensive experience and legal knowledge, you can rest assured that your case will be in good hands.

Benefits Of A Legal Separation

Legal separation can have a number of advantages over a divorce. Take a look at the top reasons:

  • You can get your situation settled quickly.
  • You can spend time apart to determine if divorce is the best option.
  • You can receive Social Security benefits if married for 10-plus years.
  • You can benefit from military pensions if married for 10-plus years.
  • You can retain medical and other insurance benefits.
  • You can retain potential tax benefits by filing jointly.
  • You can live separately and retain marital status for religious reasons.
  • Your legal separation can be easily converted into a divorce later.

Drafting An Agreement

A separation agreement serves as a legal document that proves that you and your spouse have agreed to live apart from one another. These agreements outline specific details pertaining to your lives and, similar to divorce decrees, memorandums of separation include stipulations for the following:

  •  Visitation rights
  •  Child custody
  •  How property will be distributed after the relationship has ceased

When you work with our firm, we can draft a separation agreement that fits your particular needs and assist you with filing the paperwork with the county clerk for the county in which you reside. We are prepared to assist you in meeting all of your legal goals and keep you informed throughout the course of your case.

Discuss Your Issue In Confidence With An Experienced Attorney

As Buffalo divorce lawyers, we can work with you to discuss your options and help determine if legally separating you from your spouse is the best option to take. If you have questions or concerns regarding your situation, do not hesitate to contact Smith and Messina, LLP, today.

We offer free, confidential case evaluations over the phone to all potential clients; all you have to do is complete the online form or call 716-648-1400 to get started.